Committee hears call for integrated birth cert

Irish politicians have been told that any move to regulate surrogacy in this country must exclude violations of the human rights of children.

Such violations include:

• Discrimination,
• Statelessness,
• Abuse, and
• Lack of access to origins.

Prohibited

Any form of surrogacy that leads to the sale of children should be prohibited by law, the Oireachtas committee on international surrogacy was told last Thursday (26 May).

The committee was addressed on the Verona Principles by Jean Ayoub, Jeanette Wollenstein and Carlotta Alloero, all from International Social Service, which is a global network of social workers, lawyers, and child-protection professionals.

The principles set out standards for the protection of the rights of children born through surrogacy, and Wollenstein told the politicians that they were addressed to all those involved in the practice – including those providing donor reproductive material.

“It is our sincere hope that the principles can assist the joint committee to hold informed discussions on the complex ethical, legal and human-rights questions that are raised by surrogacy,” Jeanette Wollenstein (small picture) said. 

Senator Mary Seery Kearney (FG) responded that the earlier a child was told its gestational story, the better it would adjust.

The senator added that, while there might be a concern about the exploitation of surrogate mothers, it could not be assumed that they did not have the right to make those decisions based on their country of origin or socio-economic background.

Even with domestic surrogacy arrangements available, some would still travel internationally, she added.

Children currently born in these circumstances were extremely disadvantaged, she said.

Wollenstein said that there should be a post-birth best-interests declaration when it came to the determination and transfer of legal parentage.

Best interests of child

The best interests of the child, as set out in principle 6, should be the paramount consideration in all decisions, she added. 

There should be openness in the relationships created by surrogacy and, where appropriate, they should be valued and sustained, Wollenstein stated.

The concept of transparency was found in many of the principles, she said, especially in the protection of identity, and access-to-origin information.

This applied not only to the surrogate mother, but also to those providing human reproductive material, she added.

Verified and accurate identifying information was essential, Wollenstein said.

“This principle encourages really open surrogacy arrangements, as it is an important safeguard for identity rights and access rights,” she said.

Post-birth contact with the surrogate mother is also encouraged.

Prohibition of sale of children

Confidence in the integrity of the surrogacy arrangement was crucial to respecting children's rights, Wollenstein said.

Director Jean Ayoub said that he hoped that more governments would take these principles and turn them into articles of law.

Wollenstein added that most of the questions turned on the prevention and prohibition of the sale of children.

Financial transparency

The principles on transparency in financial matters were adopted to prevent improper financial or other gain in connection with surrogacy. 

This means there should be written accounts, information made available to courts and competent authorities, and remuneration to be reasonable and in line with comparable work in the field. 

“The principles are all interlinked,” she pointed out.

On a child’s right to full information about its origins, Seery Kearney responded that Ireland could not prescribe what was written on the birth certificate of a child in another jurisdiction.

However, Wollenstein responded that an integrated birth certificate that traced the name and identity of birth parents, as well as of adoptive parents, was dealt with in principle 12.

Seery Kearney asked how an integrated birth cert preserved the right to privacy about the child’s story. 

“It is the child that should have the right to disclose that, or not, to others,” she said.

An integrated birth cert removed that right of disclosure from the child, the Fine Gael senator said.